Two People Killed in Three Vehicle Accident
A car accident in the Florida panhandle resulted in the deaths of two people and involved three vehicles. A car was reported to have gone the wrong way on Interstate 10 in Walton County, Florida on November 20, 2010 at night. The car crashed into a semi-truck. The car spun and ejected a passenger who was killed. After that initial collision, the semi-truck veered off the roadway and collided with a second semi-truck which caught fire. The driver of the second semi-truck died as a result. The driver of the car was taken to a hospital in serious condition. The driver of the first semi-truck was taken to a Pensacola hospital in critical condition. Traffic homicide charges are pending.
This accident is clearly the result of negligence of the car that went the wrong way. However, it is very unlikely that the driver or owner of that car had any significant amount of insurance or any insurance at all to pay for the damages caused by this accident. I feel most sorry for the driver of the second semi-truck who lost his life as a result of this accident. While the driver of the first semi-truck clearly has a claim against the car going the wrong way (and so does the driver of the second semi-truck), the estate of second truck driver may be able to bring a claim against the insurance policy of the first truck if the estate alleges that the first semi-truck driver acted improperly after the initial crash. In other words, the initial crash may have been unavoidable from the first truck driver's standpoint but the second crash with the other truck may have been avoidable had the first truck driver done something different. If that claim is brought, the driver of the first truck would defend by saying that the second collision was unavoidable and a jury would have to decide what percentage of fault, if any, is attributable to the first truck driver for failing to avoid that second accident. This case likely needs an attorney to review and possibly reconstruct the accident to a point where it can be shown that the first truck driver could have done something different to avoid that second accident. If you have been injured in a car accident in Florida or have lost a loved one in a car accident in Florida, please contact a Florida personal injury or wrongful death attorney for a free discussion of your rights and responsibilities after the accident. The personal injury and wrongful death lawyers at Moody Law can assist you with any questions you have regarding the law involving car accidents in Florida. A probate likely needs to be set up for the deceased in this matter. There are also PIP/no-fault death benefits that should be available.
